January 2023:
The MLO Minute: “New Policy in Central Bucks Prohibits Staff from “Sociopolitical Advocacy” for LGBTQ+ Students” —
By Jennifer Grobe, Esq., Special Education Attorney with McAndrews, Mehalick, Connolly, Hulse and Ryan P.C. —
After months of controversy and debate, Central Bucks School District (“CBSD”) has passed its controversial “Policy 321” banning school staff from “advocating” their personal beliefs on “sociopolitical” issues through classroom discussion and décor.
Policy 321 specifically prohibits staff from displaying stickers, signs, flags, and other décor which may lead to “contention and misunderstanding.” Notably, Policy 321 was initially proposed following instances of CBSD teachers being asked by school administration to take down rainbow pride flags in their classrooms, indicating support for lesbian, gay, bisexual, transgender, and queer (“LGBTQ+) students.
The policy also limits staff’s ability to discuss politics and sociopolitical issues, including sexual orientation and gender identity, unless it is presented in a “balanced and factual manner” without “indoctrinating” students to a particular point of view.
CBSD is currently under federal investigation in response to a complaint filed by the ACLU-PA on behalf of several CBSD students claiming CBSD has created an overall hostile environment for LGBTQ+ students in violation of Title IX of the Education Amendments of 1972. Specifically, the complaint alleges CBSD has chronically failed to take reasonable and necessary measures to address persistent and severe bullying and harassment of LGBTQ+ students, which has resulted in a hostile environment for LGBTQ+ students generally, and gender non-conforming peers in particular.
Title IX prohibits discrimination on the basis of sex in any education program or activity offered by a recipient of federal financial assistance. Title IX’s prohibition on discrimination on the basis of sex includes (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity. In Bostock v. Clayton County, the US Supreme Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.
Further, plaintiff students in the ACLU-PA complaint allege upper-level administrators and board members have exacerbated the hostile environment through their own overt actions, including enacting blatantly discriminatory practices and policies targeting LGBTQ+ students and retaliating against teachers and staff who support LGBTQ+ students. Discriminatory acts alleged in the complaint include implementing policies requiring students to attend classes on puberty in sex-segregated classrooms based on gender assigned at birth, ordering staff to remove pride flags from classrooms, censoring books with LGBTQ-related content, enacting policies prohibiting teachers from using gender-affirming names and pronouns, and retaliating and intimidating school staff who express support for LGBTQ+ students or opposition to CBSD actions.
LGBTQ+ students experience a disproportionate rate of bullying and discrimination in school, which impacts their mental health and educational aspirations. There are many ways for schools to ensure that all students, including LGBTQ+ students, are safe and supported in school and have equal access to educational opportunities. The US Department of Education recommends schools enact policies and practices which clearly affirm students’ right to be free from discrimination and harassment based on sexual orientation or gender identity, including adopting policies that respect all students’ gender identities, guiding school staff on how to support LGBTQ+ youth, and facilitating opportunities for students to find support with peers, teachers, faculty, and staff.
If you have questions about your child’s educational rights in school, do not hesitate to contact our office by clicking here or calling 610-648-9300. Our firm provides free consultations in all special education and damages matters, and most cases are handled without charge to families. Families should not hesitate to reach out to us for a free consultation.
